C.C.S.M. c. S235
The Surface Rights Act
1 | Definitions | |
PURPOSES | ||
2 | Purposes of Act | |
3 | Crown bound | |
4 | (1) | Conflict with other Acts |
(2) | Repealed | |
5 | Conflict between Act and other instruments | |
SURFACE RIGHTS BOARD | ||
6 | (1) | Establishment of board |
(2) | Term of office | |
(3) | Presiding and deputy presiding member | |
(4) | Remuneration and expenses | |
(5) | Meetings | |
(6) | Quorum | |
(7) | Validity of acts where vacancy exists | |
(8) | Duties of presiding member | |
(9) | Duties of deputy presiding member | |
(10) | Evidence as to signature of presiding member, etc. | |
(11) | Appointment of another person in case of interest | |
(12) | Appointment of substitute member | |
(13) | Appointment of secretary and employees | |
7 | (1) | Rules of board |
(2) | Form of notice | |
(3) | Rules of evidence | |
(4) | Evidence under oath | |
8 | Sitting of and inspection by board | |
9 | General powers of board | |
10 | Powers of board | |
11 | Duty to keep records | |
12 | (1) | Powers of board under Evidence Act |
(2) | Application of section 88 of Evidence Act | |
13 | Liability of members, officers, etc. | |
14 | Reports by one member | |
15 | Annual report | |
RIGHT OF ENTRY AND COMPENSATION | ||
16 | (1) | Right of entry with lease or order |
(2) | Right of operator to repair, etc. | |
(3) | Compensation for exercise of rights | |
(4) | Board may determine compensation | |
17 | (1) | Operator to file agreement with board |
(2) | Operator to file and deliver notice of assignment | |
18 | (1) | Waiting period |
(2) | Waiver of waiting period | |
19 | Leases or agreements available for inspection | |
20 | (1) | Granting of rights on adjacent or other lands |
(2) | Compensation to be paid by operator | |
21 | (1) | Application to board for hearing |
(2) | Contents of notice | |
22 | Deemed submission to board for hearing | |
23 | Service of notice | |
24 | Effective date of service | |
25 | (1) | Notice of hearing |
(2) | Board may view site | |
(3) | Notice of viewing | |
(4) | Powers of board following hearing | |
(5) | Restriction upon scope of order | |
(6) | Board may defer determination | |
(7) | Rehearings and revisions | |
(8) | Decision within 30 days | |
26 | (1) | Determination of compensation |
(2) | Costs of hearing | |
(3) | Costs in discretion of board | |
(4) | Costs where offer less than 90% | |
(5) | Costs where offer more than award | |
27 | (1) | Interim order for surface rights |
(2) | Objection by owner or occupant | |
(3) | Board shall hold hearing | |
(4) | Undue hardship | |
(5) | Terms and conditions of interim order | |
28 | No duplicate compensation | |
29 | Application for variation of order | |
30 | Application for change in compensation after lease | |
31 | When applications for change not to be made | |
32 | Board to determine compensation | |
33 | (1) | Variation order to benefit current owner |
(2) | Applications for variation of Mining Board order | |
34 | (1) | Termination of right of entry |
(2) | Board to fix date of hearing | |
(3) | Order terminating right of entry | |
(4) | Consent of operator | |
ABANDONMENT | ||
35 | Abandonment or surrender of rights | |
36 | Restoration | |
37 | Application to the board | |
38 | Hearing before the board | |
39 | (1) | Contents of order |
(2) | Additional compensation | |
40 | Power of board where operator satisfies obligation | |
41 | Termination of compensation | |
42 | Removal of caveats | |
LIABILITY FOR TORTIOUS ACTS | ||
43 | Definition | |
44 | (1) | Liability for certain tortious acts |
(2) | Operator liable notwithstanding assignment of rights | |
45 | Notice of loss or damage to operator | |
46 | (1) | Determination of compensation where no agreement |
(2) | Application of section 25 to hearing | |
(3) | Limitation on application under subsection (1) | |
(4) | Claim barred where application is late | |
47 | Prima facie evidence of tortious act | |
APPEAL | ||
48 | (1) | Grounds of appeal |
(2) | Board orders final | |
(3) | Referral back to board | |
(4) | Leave to appeal | |
49 | Transmission of material to court | |
50 | Stay of proceedings | |
GENERAL | ||
51 | Where owner or occupant cannot be found | |
52 | (1) | Application to determine compensation |
(2) | Retention of deposit | |
(3) | Repealed | |
53 | (1) | Compensation payment |
(2) | Disposition of deposit | |
(3) | Deposit of money | |
54 | Rehearing of application re compensation only | |
55 | (1) | Operator's responsibility to cut down weeds |
(2) | Failure of operator to cut down weeds | |
(3) | Board may order operator to cut down weeds | |
(4) | Limitation on time of application to cut down weeds | |
(5) | Apportionment of compensation among operators | |
56 | Topsoil | |
57 | Filing and enforcement of order | |
58 | Order as judgment of court | |
59 | Order of board need not show board's jurisdiction | |
60 | Assignment of order | |
61 | Service of copy of order | |
62 | Orders and agreements run with land | |
63 | (1) | Filing of caveat |
(2) | Address for service to be shown on caveat | |
64 | (1) | Registering and vacating order under Registry Act |
(2) | Costs of application | |
65 | Department to provide document without charge | |
66 | Fee for service at land titles office | |
67 | Penalty for failure to file agreement | |
68 | Regulations | |
69 | Reference in CCSM | |
70 | Repeal | |
71 | Commencement of Act |